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Item No. 3 PC: 11-1-90 MS-90-127 Page 2 STAFF ANALYSIS BACKGROUND• On September 12 , 1990, the Planning Division Approved MS-90-127 with the attached Conditions of Approval. On September 24 , 1990, the President of Tetra Diamond, Mr. Norman Adams, appealed seven of the thirteen Conditions of Approval. APPEAL STATEMENT: The applicant's primary objection concerns the Condition (1 (e) ) to provide an Irrevocable Offer of Dedication on the access to his proposed 10. 2-acre remainder parcel. The applicant is appealing the requirement for an I .O.D. to the remainder parcel along Access B or along the Department of Public Works ' alternate access from Sowles Road. The alternate access is labeled "Access C" on the staff report's Tentative Map. Department of Public Works Condition 1 (e) states: "1 (e) An Irrevocable Offer of Dedication for a 25-five-foot- wide right-of-way shall be required, either along the south side of the quarter section line of APN's 007-100- 4 and 007-100-5 or along the east side of the quarter section line of APN 007-100-14 . " The applicant states that there is a deeded easement, Access B, that was approved in a previous Minor Subdivision (MS-88-85) and that requesting an off-site dedication is illegal . He maintains that because this is a Remainder Parcel for agricultural purposes, the off-site I .O.D. should not be required. He also says that there are no provisions for entitlements in Section 66424 . 6 of the State Subdivision Map Act. RESPONSE• Mr. Adams is correct that there is a deeded easement. However, Planning Title Section 9-9380 (c) requires that parcels that do not have frontage on a public, maintained road must have an Irrevocable Offer of Dedication for access to the property. The Ordinance does not distinguish between off-site and on-site, nor does it distinguish between a numbered parcel or a remainder parcel. Section 9-9380 (c) of the Planning Title states: " . . . Parcels of land created by minor subdivision which